Terms of Service
Please read this Agreement carefully. By accessing or using our Website, you agree to be bound by this Agreement and all of its terms without change. Your use of the Website is subject to the additional disclaimers and notices that may appear throughout the Website.
Provider and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on our Website. Provider and its representatives cannot guarantee that the information on this Website is accurate, complete and up-to-date, and will not be responsible for any damage or loss related to, any inaccuracy, incompleteness, or lack of timeliness of the information or services on the Website.
Personal and Noncommercial Use Limitation: Prohibited Uses
Via the Website, we may provide information, marketing material, product registration, and warranty services (the "Services and Information") relating to the onn. brand of Smart TV's (the "Smart TV's" or the “Products”). We grant you access to this Website during the term of this Agreement solely to receive the Services and Information. You may access, download, and print materials as necessary to receive the Services and Information and use the Smart TV's. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases, or lists obtained from this Website. When we request, you agree to provide true, accurate, and complete user information. You will not access or attempt to access password protected, secure or non-public areas of the Website without our prior written permission. You will comply with all applicable laws, including without limitation all applicable privacy laws.
Other Policies and Agreements
Your purchase and use of Products is subject to any terms or policies included with such Products at the time of purchase, including, without limitation, those provided by Provider or Wal-Mart Canada, Corp., the exclusive retailer of the Products in Canada. For avoidance of doubt, Your use of certain apps and other software provided by third parties on the Provider’s products may be subject to third party terms and conditions made available on such apps or software services.
Proprietary Rights and Intellectual Property
The Website consists of various graphics, texts, icons and buttons that have been provided by Provider and/or other entities. All such content is owned by Provider and/or the applicable third-party entity. For greater certainty, Provider and applicable third-party entities hold all right, title, and interest in and to any and all content provided by such parties for the Website, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Site Content”).
You hereby acknowledge that the Site Content is protected by all copyright, trademark, and other applicable intellectual property laws. Your use of the Website does not grant or transfer to you any ownership or other rights in the Site Content, and except as expressly provided, nothing herein or within the Website shall be construed as conferring on you or any other person any license under any of Provider or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Site Content in any manner whatsoever. Any rights not expressly granted to you in this Agreement are expressly reserved by Provider. For greater certainty, you agree that you will not take any action that is inconsistent with Provider’s ownership of the Website and/or Provider ownership of, or any third party’s ownership of, any Site Content.
No Unlawful or Prohibited Use
As a condition of your use of this Website, you warrant to Provider that you will not use this Website for any purpose that is against the law or prohibited by this Agreement. If you violate any of these terms, your permission to use this Website automatically ends.
You may not without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this Website or accessed through this Website. You may not republish Provider content or other content from this Website on another Website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to this Website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our Website is virus free.
In addition to other prohibitions as set forth in this Agreement, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial/territorial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of harmful, disruptive or malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating these Terms, including without limitation for any of the prohibited uses, as we determine in our sole and absolute discretion.
If you are under the age of 13, you may not use this Website.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE PRODUCTS, INFORMATION AND SERVICES OFFERED AT THE WEBSITE IS AT YOUR SOLE RISK. SUBJECT TO THE APPLICABLE LIMITED WARRANTY FOR onn. PRODUCTS, THE WEBSITE AND PRODUCTS, INFORMATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Provider AND ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THIS WEBSITE OR ANY CONTENT ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED.
THE INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE OR ANY CONTENT IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
COMMENTS OR OPINIONS EXPRESSED ON THIS WEBSITE ARE THOSE OF THEIR RESPECTIVE USERS ONLY. COMMENTS OR OPINIONS EXPRESSED ON THIS WEBSITE AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF PROVIDER. WE ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, ANY AND ALL USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THIS WEBSITE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER PROVIDER, WAL-MART CANADA, CORP. NOR THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SMART TV'S, THE WEBSITE OR ANY PRODUCTS, INFORMATION OR SERVICES PROVIDED ON THE WEBSITE OR OTHERWISE; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE PRODUCTS OR THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES AND INFORMATION. IN NO EVENT WILL THE MAXIMUM LIABILITY TO YOU OF PROVIDER, WALMART, INC. AND THEIR AFFILIATES AND SUBSIDIARIES EXCEED THE AMOUNT YOU PAID FOR THE SUBJECT PRODUCT OR $100, WHICHEVER IS GREATER. THIS PROVISION WILL NOT AFFECT YOUR RIGHTS UNDER THE APPLICABLE LIMITED WARRANTY. THIS LIMITATION OF LIABILITY APPLIES EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Third Party Sites
Links to Our Website
Use of Submissions
Should you submit to Provider any feedback, questions, comments, suggestions, or the like (collectively “Comments”), in whatever form, regarding the content of this Website, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. By submitting Comments, you (i) grant us a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all comments (in any format or media) that you provide; and (ii) waive all moral rights in and to all comments you provide favor of us and anyone authorized by us. For greater certainty, this means that, among other things, we have the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
You represent that all of your Comments:
a. are original to you and that you have obtained all necessary rights in and to the Comments and all of its components (if applicable) to provide us with the license above; and
b. does not violate any law; and
c. complies with these Terms.
Notice of Infringing Content
We reserve the right, in our sole and absolute discretion, to modify, edit or remove any Site Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.
To complain about Site Content and/or to provide notice of allegedly infringing materials on the Site, please contact us using the information below.
Changes to Website
We may make improvements or changes in the information, services, products, and other materials on this Website, or terminate this Website at any time. We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Website will be deemed your acceptance of the modified Agreement.
This Website is intended to reach residents of Canada, and all advertising claims contained in this Website are valid only in Canada. For users who are not resident in the province of Quebec, this Agreement and the resolution of any dispute related to this Agreement or this Website will be governed by and construed in accordance with the laws of British Columbia, Canada, without giving effect to any principles of conflicts of law. Failure by Provider to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights than those provided in this Agreement, or some provisions may be prohibited, by virtue of provincial or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.
The Provider logo, the onn. logo, and other logos, product and service names are trademarks and service marks owned by Provider or its affiliates or used with the permission of the mark owner (the “Marks”). Without the prior written permission of Provider, the Mark owner, or their respective affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
If you have any questions, you may contact us at firstname.lastname@example.org.
Effective Date: 4/27/22